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Citations

Have you received an Administrative Citation for violation(s) of the Alameda County Waste Management Authority (ACWMA) Mandatory Recycling Ordinance? You can pay the fine online by visiting the Citation Processing Center (www.CitationProcessingCenter.com) or by mailing a check payable to “ACWMA – Citation Processing Center” to the address below:

Additional payment instructions are available in the “How can I clear the citation?” section below.

If you have additional questions specific to the Mandatory Recycling Ordinance or your violations, please review the Q&A below for information. If you have any questions not addressed here, please complete the Contact Us form or call the Mandatory Recycling Information line at (510) 891-6575.

Citations are issued to businesses and multi-family property owners found to be in violation of the Mandatory Recycling Ordinance. Administrative Citations are issued after at least two official notices have been mailed to the property owner or business. If you need copies of previously sent enforcement letters—the Official Notification letter or Notice to Correct Violation letter—please complete the Contact Us form.

Citations may be issued for:
(1) throwing away Covered Materials* (recyclables and/or organics) in the garbage,
(2) putting garbage in the recycling and/or organics container(s), or
(3) not subscribing to recycling and/or organics collection service and a waiver or a Certification of Recycling Service Form has not been submitted or approved.

Please refer to the table on page 1 of your citation letter to determine which specific violation(s) were witnessed at your location.

On the date of the citation inspection (listed on your citation letter) an Authority Representative observed that your business or multi-family property was in violation of one or more of the Ordinance requirements. Subsequently the inspection was approved by enforcement staff, a representative from the jurisdiction the business or multi-family property is located in, and finally the Enforcement Officer before the citation was issued.

More information about the specific requirements in your city can be found at the Rules by City pages.

* Covered Materials that must be recycled include: Cardboard, newspaper, white paper, mixed recyclable paper, recyclable glass food and beverage containers, metal (aluminum and steel) food and beverage containers, and PET (#1) and HDPE (#2) plastic bottles. As of July 1, 2014, food scraps and compostable paper must also be kept separate from garbage in certain jurisdictions. Please see the Rules by City page to find out the rules in your city.

The Mandatory Recycling Ordinance Section 11 has a fine schedule for violations of the Ordinance. Separate fines are imposed for each requirement of the Ordinance that is violated. Please refer to the table on page 1 of your citation letter to determine which specific violation(s) were witnessed at your location.

Fines for “transient” violations are assessed at $100 per violation. Transient violations are those that are witnessed on the day of inspection, but may not persist after the bins are collected: (1) Disposal of Covered Materials (Recyclables or Organics), (2) Garbage in Recyclables container(s), and (3) Garbage in Organics container(s).

“Non-transient” violations are those that continue to persist until corrected; the violations continue even after they are witnessed on the day of inspection and include: (1) Failure to provide containers and/or collection service for Recyclables, and (2) Failure to provide containers and/or collection service for Organics. Fines for non-transient violations are assessed at $5 per day, for each day the violation is in evidence. Although there may be evidence that the violation persisted for greater than 30 days, the fine is calculated based on 30 days, which is the least period of time between inspections. Note: the actual time between inspections is likely to be greater than 30 days.

Additional inspections will be conducted to verify compliance. If violations persist, after a citation is issued, subsequent Administrative Citations will be issued. Fines will double for each subsequent citation within one year. For transient violations, the fine will increase to $200 per violation on the second citation within one year, and $400 per violation for each subsequent citation within one year. For non-transient violations, the fine will increase to $10 per day and $20 per day, for second and subsequent violations within one year.

The maximum total fine if all possible violations are in evidence for the first citation is $400. The maximum fine doubles to $800 and $1,600 if there’s a second citation or subsequent citations within a year and all possible violations are in evidence for each citation.

To clear the citation you must pay the fine listed on your citation letter. To reduce the likelihood of future citations, correct the violations and remain in compliance with the requirements of the Ordinance by properly separating recyclables and organics from the garbage. Compliance will be determined upon re-inspection of your site.

A confirmation/receipt page and number will be provided on the next screen which you may choose to print for your records. If you provided your email address with payment information, a copy of the receipt for your online payment will be emailed to you.

To pay by check:

Mail a check made out for the amount of the “Total Fine” shown on the Administrative Citation and made payable to “ACWMA-Citation Processing Center” to the address below:

The second to last row in the table on page 2 of the Administrative Citation asks you to “Provide evidence that tenants, employees, and contractors are annually provided information of their obligation to keep Covered Materials separate from garbage.” However, you do not need to submit the evidence at this time. Please keep record of notifications to employees, tenants, and contractors so that if requested at a later date, you can provide proof of the information provided. This should be the actual or an electronic version of the materials and include the date(s) distributed, and to whom (e.g. tenants, janitorial and maintenance staff or contractors, etc).

The fine must be paid within 30 calendar days of the date on which you received the Administrative Citation. Citations are either delivered personally by an ACWMA representative or delivered certified mail. Note the receipt date is not listed on your citation letter. If you need to know the date in which your letter was received, please complete the Contact Us form.

Failure to pay the fine within 30 days of receipt could result in additional fines and charges including but not limited to attorney fees, interest and recovery fees.

It is highly unlikely that you received a citation letter but not the first two letters, as citations have been issued only to businesses and multi-family property owners or managers that have been issued at least two prior enforcement letters. If you would like to get copies of those letters, please complete the Contact Us form or call the Mandatory Recycling Information line at (510) 891-6575.

If you would like to appeal the citation you will need to follow the appeal process outlined below.

Yes, payment of the fine must be completed within 30 calendar days of the letter receipt date. Failure to do so may result in additional fines and charges including but not limited to attorney fees, interest and recovery fees. For a list of actions required to cure your violation(s), see the table on page 2 of your Administrative Citation.

If you would like to appeal the citation you will need to follow the appeal process outlined below.

You have the right to appeal the citation within 30 calendar days of the date on which you received the citation letter.

An appeal may be requested using the Request for Appeal of Administrative Citation Form. The completed form, along with any supporting documentation and the appeal fee, should be mailed to “ACWMA – Citation Processing Center” at P.O. Box 7275, Newport Beach, CA 92658-7275. At this time, the appeal cannot be submitted online at www.CitationProcessingCenter.com, but is anticipated to be available in the future.

Note that you must submit payment of the Total Fine amount with your appeal letter in order to be granted a citation appeal hearing. Note: if you choose to appeal the citation, you will be required to put on deposit the amount of the fine shown on your citation as a bond. You may include the Total Fine amount in a check made payable to “ACWMA – Citation Processing Center” with your Request for Appeal of Administrative Citation Form. Alternatively, you may pay by credit/debit card online at www.CitationProcessingCenter.com and then mail in your completed appeal form. Please see the above “How do I clear the citation?” section for more detailed instructions for online payment of the fine.

If you win the appeal, the bond amount on deposit will be returned to you. If you lose the appeal, the bond amount on deposit will be forfeited and your fine paid. Once your appeal request is received, you will be sent a written notice of the date, time and place of the hearing by certified mail. The notice will be sent at least 10 calendar days prior to the hearing date.

We can not provide direct assistance until the citation is paid or successfully appealed. However, information on how to comply and correct violations can be found by visiting the Correct a Violation page. For downloadable resources, view our Support Materials for Businesses and Multi-Family Homes.

If you need to subscribe to recycling and/or organics collection service, please find information about the service provider(s) in your city in the Rules by City pages.

If you have already cleared the citation, using this online form you can request assistance to set up or improve your organization’s recycling and/or organics program and help educate your employees. Correcting the violation(s) will reduce the likelihood of future citations.

Click here to view ACWMA Mandatory Recycling Ordinance 2012-01. For more information about the specific Ordinance requirements in your city, visit the Rules by City pages. You can also visit the General FAQs.